HomeMy WebLinkAboutCC Resolution 4620RESOLUTION NO. 4620
A RESOLUTION AUTHORIZING THE SIGNING
OF A LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as
fol lows :
The MAYOR and CITY CLERK are authorized to execute,
on behalf of the City of San Rafael a lease or agreement with
a copy of which is hereby attached and by this reference made a
part hereof.
1, MARION A. GRADY , Clerk of the City of San Rafael,
hereby certify that the foregoing resolution was duly and regularly
introduced and adopted at a Regular meeting of the
Council of said City held on MONDAY the 3rd
day of DECEMBER 1973 by the following vote, to -wit:
AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: Councilmen: None
ABSENT: Councilmen: None
�22Cc/Lc-c-rt e1 . ",� e -
MARION A. GRADY, City Clerk
(AGREEMENT FOR COMPLETION OF IMPROVEMENT WORK DESIGNATED "PHASE 1 -
FRONTAGE IMPROVEMENTS - CIVIC CENTER DRIVE (FRONTAGE ROAD) ADJOINING
A.P. NO. 155-200-01 (NORTHGATE EAST PROPERTY) FOR THE NORTHGATE EAST
DEVELOPMENT")
4 A G R F E M I_ N T
FOR COMPLETION 01= IMPROVEMENT WORK DES I G ,'ATED
PHASE I FRONTAGE IMPROVEMENIS - CIVIC CENTER DR. (FRUNTAGE ROAD)
ADJOINING ASSESSOR'S PARCEL IJO. 155-200-01 (NORTHGATE EAST PROP.)
FOR THE NORTHGATE EAST DEVELOPMENT
SAN RAFAEL, CALIFORNIA
THIS AGREEMENT entered into as of and dated the 3rd day
of December 1973, by and between THE CITY OF SAN RAFAEL. a
municipal corporation, hereinafter called "City" and NORTHGATE EAST
here i naf to called "Developer";
WITNESSETH:
WHEREAS, City's Ordinances now in force and Effect require that
certain excavations be authorized in writing, and City has required that
Developer execute an Agreement with City relative to the completion of all
improvement wort; which is shown upon the Improvement Plans and Specifications
for the development designated "PHASE= I FRONTAGE IMPROVEMFNTS - CIVIC CENTER DRIVE
(FRONTAGE ROAD) ADJOINING ASSESSOR'S PARCEL NO. 155-200-01 (NORTHGATE EAST
PROP.) FOR THE NORTHGATE FAST DEVELOPMENT"
as prepared by GONZALEZ & OBERKAMPER, CIVIL ENGINEERS,_ INC.
and as approved by the City Engineer of City and now on file in the office
of said City Engineer of City;
NOVI, THERFI ORE, for and in consideration of City's consent: to tile
installation of improvements for the development designated "PRASE !_FRONTAGE
IMPROVEMENTS_ CIVIC CENTER DR. (FRONTAGE ROAD) ADJOINING ASSE`,SOP,'S PARCEL
155-200=01 (IJORTHGATE FAST PROP.) FOP, THE NORTHGATE EAST DEVLI-W'41ENT ,
by the governing body of City, it is hereby agreed as follows:
1. Performance of Work.
Developer will do and perfoni, or cause to be done and performed, at
Developer's own e.<pense., in a good and workr,ianl i ke manner, and furnish
all required materials, all under the direction and to the satisfaction
of the. City Engineer of City, all of the following work and improvements
within (,,nd/ar without) tale development, to wlit:
Construct and complete all of the impri'Weui'--nts, including, all, but.
not limited to, streets, highways or public ways and public util i t:y
i ac i l I t I os which are a part of, or a ppii r tci!ant to, the c('vel opment
ales i c�ncii < <I '_ PlIAS1, I -I i (li_fAG!:- 111PR0U{=i;''!�T_; - CIVIC C.Ei—ITER D :.--(FI:C){.TkrF ROAD'
ADJ011;ll!( ASSES` ('ilt'ti ;`,'DRil.l_?Ui)-01 (I;0'I;THC,AlE EAST
FOR 1'I;l. IV:)„T11(;ATF FAST DC VEL0Pf41_IIT"
Al I I n l( Cill"(hill: C o I t II, :)(Id a..; rcipl I 1-1-•f1 lq tilt-
Flab.; and sipocIfIcat;0115 for a I I or any of said € iprov(-,mvrits In, or
c(I�l3i3rtor<<arrf to, Or* outs Id€+ tho IimItss of s.aId deve)oprrrc.nt, viliti:h plans
or+d specie'€coy .Ions .ir<, mwj on f i Ica Irl the Office of the Ci ty: EngI neer
Of City, and Deve 1 opc r ;,hu 1 1 also do all othcir 'worl, and furnish a i l
ether rnater'ials necessary in the opinion of the City Erigirleor,, and on
his order, to complete tho inmprovemcmt, in accordance with thu plans
and r.p(::clf Cr;ti0!1S on file as hereinbefore specified, or with any
chrange, required or ordered by said C'rinineer` w;rich in his Opinion aro
ne,c,?ss`)ry or r-c`,I.1i red to complete the 1,varlc.
2° Wo Or , PIOSS s end G las to be f d hy Erlgino, e
All of said w -ori, if-, to be done at ti1c. l:,laces, of tile: m^terlalr, ir-1
tho rCi3notfir, and at the grados, a?l &S Si101',r31 Upon tho pic'Sls, an.l spocl-
f ic8t; €kens therefor, heretofore a,rprovecl by City= Engf nc al• and vlo i ch
arca now on fila fn his office, and to the, ratisfrct€cin of s<aId C€t;y
Engine;ar,
° t�Ur Yiplr. `-i ifQ�" S cx�,�1 :n S'rrsr? 1t eyin Per
C i ty herc3byr f 1rethe t irne for the of sr: i d vmj 1: to
bo on the 3rd day of December_.._.._...__, 19 73�, end for
its compl�:f,-Aor, to be within 365 calendar d,r-,ys
the'*eriftor or prior, to any occupancy within the developments proposed
on the parcels of land as shown in Book 8 of Parcel Maps at p,a;r: 85,
Marin County Records. At least fifteen calendar days prior to the
commencewe.nt of work hereunder, Developer shall notify City Engineer
in writing of the date fixed by Developer for commencement thereof,
so that City Engineer shall he able to provide services of inspection.
fd° Tuna cif E's f�C-Pce _ Extensio,
Firm, lc: of t€le essence of this agreement; provided, that in the
90CId c ,�Usc: is sho,:s:( therefor, the C I t:y Council may extend thr. i;ma
for cclmij�lction of the improvements hor-,'urid:'r. Any such ogt.on sio.i
may l(: qr arr t.r.d t.A thou t 110t € ccl t.G the: C--ve l cpe r' s sero ty, and
CXtc, 1 €�:nY -, s0 gracIt: fsd Sirul l n'o'd r0i i0 ei' �
titcl sure�y' fieb€i€ty,
on thfl l.(rn,i to secure thr-a f n i thf u 1 pe—forr;rr nca of this acirecracrn t °
Tho City/ Counc,Il f:laIl be 4h:( "'o In and f;ria 6 jUdC�o �S to
or not, CF -od caw --.0. has been s:hoi.lin U.) en t i t i o Do-vc 1 ope r- to on
-- 2 -
50 fairs and Replacements.
Developer shall replace, or have replaced, or repair, or have
repaired, as the case may be, all pipes and monuments shown on
the map which have been destroyed or damaged, and Developer shall
replace or have replaced, repair, or have repaired, as the case may
be, or pay to the owner, the entire cost of replacement or repairs,
of any and all property damaged or destroyed by reason of any work
don3 hereunder, whether such property be owned by the United States
or any agency thereof, or the State of California, or any agency or
political subdivision thereof, or by the City or by any public or
private corporation, or by any person whomsoever, or by any combin-
ation of such owners. Any such repair or replacement shall be to
tho satisfaction, and subject to the approval, of the City Engineer.
6. Utility Daposits a Statement.
Developer shall file with the City Clerk, prior to the commancement
of any work to be performed within the area delineated on the plan,
a written statement signed by Developer, and each public utility
corporation invoived, to the effect that. Developer has made all
deposits legally required by such public utility corporation for
the connection of any and all public utilities to be supplied by
such public utility corporation within the development.
7. Permits; Compliance with Law.
Developer shall, at Developer's expense, obtain all necessary
permits and licenses for the construction of such improvements,
dive all necessary notices and pay all fees and taxes required by
law.
P�. Su erintendence by Developer.
Developer shall give personal superintendence to the work on said
improvement, or have a competent foreman or superintendent, satis-
factory to the City Engineer, on the work at all times during
progress, with authority to act for Developer.
9. inspection by City Engineer.
All improvements required hereunder shall be inspected by City
Engineer. Developer shall at all times maintain proper facilities,
and provide safe access for inspection by City Engineer, to all
parts of the work, and to the shops wherein the wort: is in prepar-
ation.
la. Contract Security.
Concurrently with the execution hereof, Developer shall furnish:
(1) a surety bond in an amount equal to at least one hundred per-
cent of the contract price as security for the faithful performance
of this agreement; and (2) a separate surety bond in an amount
equal to at least fifty percent of the contract price as socurity
for the payment of all persons performing labor and furnishing
materials in connection with this agreement. The surety on each
of said bonds and the form thereof shall be satisfactory to te
City Attorney.
11. Hold -Harmless Agreement.
Developer hereby agrees to, and shall, hold City; its elective
and appointive boards, commissions, officers, agents and employees,
harmless from any liability for'damage or claims for damage for
personal injury, including death, as well as from claims for
property damage which may arise from Developer's or Developer's
contractors', subcontractors', agents' or employees' operations
under this agreement, whether sucli operations be by Developer
or by any of Developer's contractors, subcontractors, or by any
one or more persons directly or indirectly employed by, or acting
as agent for, Developer or any of Developer's contractors or
subcontractors. Developer agrees to, and shall, defend City
and its elective and appointive boards, commissions, officers,
agents and employees from any suits or actions at law or in equity
for damages caused, or alleged to have been caused, by reason of
any of the aforesaid operations; provided as follows:
a. That City does not, and shall not, waive any rights against
Developer which it may have by reason of the aforesaid hold -
harmless agreement, because of the acceptance by City, or the
deposit with City by Developer, of any of the insurance policies
described in paragraph 12 hereof.
b. That the aforesaid hold -harmless agreement by Developer shall
apply to all damages and claims for damages of every kind
suffered, or alleged to have been suffered, by reason of any of
the aforesaid operations referred to in this paragraph, regard-
less of whether or not Cicy has prepared, supplied or approved
of, plans and/or specifications for the development or regard-
less of whether or not such insurance policies shall have been
determined to be applicable to any of such damages or claims for
damages.
Developer's insurance.
Developer shall not commence work under this agreement until
Developer shall have obtained all insurance required under this
paragraph, nor shall Developer allow any contractor or subcontractor
to commence work on his contract or subcontract until all similar
insurance required of the contractor or subcontractor shall have
been so obtained and approved. All requirements herein provided
shall appear either in the body of the insurance policies or as
endorsements and shall specifically bind the insurance carrier.
a. Compensation Insurance.
Developer shall maintain, during the lire of this agreement,
llorl-inan's Compensation Insurance for all Developer's employees
employed at the site of improvement, and in case any work is
sublet, Developer shall require any contractor or subcontractor
similarly to provide workmen's Compensation Insurance for all
contractor's or subcontractor's employees, unless such employees
are covered by the protection afforded by Developer. in case
any class of employees engaged in work under this agreement at
the site of the project is not protracted under any l-lorlcman's
Compensation law, Developer shall provide, and shall cause each
contractor and sub -contractor to provide, adequate insurance for
the protection of employees not otherwise protected. Developer
hereby indemnifies City for any damage resulting to it from
failure of either (developer or any contractor or subcontractor
tr take out or maintain s, ;h insurance.
b. Public 1_iab 1'r ty 2a Property Danjage insurance.
Developer shall take out and maintain during the life of this
agreement such purl is 1 iabi 1 i ty andt property damage insurance
r�
as shall Insure, City, its elective and appointive boards, com-
mission,., off icor:;, agents encs veil loyc:es, Deve=loper and any
contractor or subcontractor performing work eovored by this
tagreomcnt from claim. for damagcis for personal injury, Including
de rth, as well as from cla:ms for property d,mage which may arise
from Developer's or any contractor's or subcontractor's oper-
ations hr!reunder, whether such operations be by Developer or
any contractor or subcontractor, or by anyone+ directly or
Indirectly employed by either Developer or any.contractor or
subcontractor, and the amounts of such insurance shall be as
folIows
(1) Public LiabiIity Insurance,
In an amount not less than $500,000.00 for Injuries,
including, but not limited to, death, to any one person
and, subject to the same limit for each person, in an
amount not less than $1,000,000.00 on account of any one
occurrence;
(2) Property Damage: Insurance.
in an amount of not less than $100,000.00 for damage
to the property of each person on account of any one
occurrence,
c. Cross-l.iabi 1 i ty Endorsement.
In the event that any of the aforesaid insurance policies pro-
vided for in this paragraph 12 insures any entity, person, board
or commission other than those mentioned in this paragraph, such
policy shall contain a standard form of cross -liability endorse-
ment, insuring on such policy City, its elective and appointive
boards, commissions, officers, agents and employees, Developer -
and any contractor or subcontractor performing work covered by
this agreement.
13. Evidence_ of insurance.
Developer shall furnish City concurrently with the execution hereof,
with satisfactory evidence, of the insurance required, and evidence
that each carrier is required to give City at least ten clays' prior
notice: of tho cancellation or reduction in Coverage of any policy
during the effective period of this .ac+regent,
14, '1'1 t Ic
Titin to, and ownornhip o1, Irll improvPmvnt% ronstructr.d horcundor-
by Oovclopor shall vest absolutely in City, upc:n acceptance of such
�r >
improvemms by City. City Owl l be under no obi igat. ion to accept. 1.11(2
improvemu is.
15, RpRair or Pecyns•truct_ion or D -reel ivc_ Work,
If, within 6 period of once year after final :acceptance of the .•ark
performed under this apr"ement, any structure or part of any structure
furnished .incl/or instilled or constructed, or caused to ba installed
or constructud by DuvAnpur's or .any of Wa wort; done under this acireo-
mcnt, fails to fuifill any of the reduiremnnts of this agreement or
the specifications rererred to herein, bovnloper shall without delay
and without any cost to City, repair or replt.ce or reconstruct ally
dafectiva or otherwise unsatisfactory part or parts of the work ar
structure. ;should Daveloper fall to act promptly or in accordance
with this requirement, or should the exigencies of the case require
repairs or replacements to be made before Developer can be notified,
City may, at its option, make the necessary repairs or replacements
or perform the necessary work and Developer shall pay to City the
actual cost of such repairs plus fifteen (15) percent.
16, h2'(.tl.,r,cr_r,o+, /�,gint or_Cit','.
h'eI the Developer Or any of oeveloper's agents or contractors
are or shall be considered to be agents of City in connection with
the performance of Developer's obligations under this agreement.
17. Cost of Winec:rinn and Inspection.
Developer shall pay to the City all inspection costs as regn1red
by Section 15.20,070 of the San Rafael Municipal Code.
18. Nnr i cn of preach and Default.
if Developer refuses or fails to obtain prosecution of the work,
or any severable part: thereof, with such di 1 i gence as wi i 1 insure
its completion within the time specified, or any extensions thereof,
or (nils to obtain completion of said work within such time, or if
tha Duvv 1 opc i should ho adjudged a bankrupt, or Devo 1 ope r shou 1 d
make a general ansiqnmynt for the benefit of Develclwa , creditors,
Pr if a receiver should A appoinLyd in [lin event of havelopur's
111 sol v nc y, lir if n v(• l opu r, or ony of I1,•\ t 1 1 Cori tr.lc tors,
7
r
subcontractors, uelnnts or employees, should violate any of tlia pro-
visions of tl-ris agreement, City Cntjineer or City Council may serve
written notice upon Developer and Daveloper's surety of breach of
tills agreement, or of any portion thereof, and def.-lult of
9. I)rr.cich of Agrc,ement;Performance by Surety or City'
in the event of lily such notice, Deve}opc:r's surety shall have the
duty to take over and complete the work and tho improvement herein
specified; provided, however, that if the surety, tri thin five days
after the serving upon it of such notice of breach, does not give
City written notice of its intention to take over the performance
of the contract, and does not conmonce performance thereof %•tithin
five clays after notice to City of such election, City may take over
the work and prosecute the some to completion, by contract or by any
other method City may deem advisable, for the account and at the
expense of D()velaper; and Developer and Devolopct-'s surety shall be
liable to City for any excess cost or damages occasioned City thereby;
and, in such ev nt, City, without liability fol -.so doing, may take
possession of, and utilize ill completing tlle'work, such materials,
appliances, plant and other property belonging to Developer as may
be on t:hc site of the cork and neccssar; therefor.
20. Notices.
ired shall be In writing, and delivered in
All notices herein reyu
person or sent by registered mail, postage prepaid.
Hoticcs required to be given to City shall be addressed as follows:
CI1'Y Of SAN RAFAEL, C/0 CITY ENGINEER, CITY BALL, SA14 RAFAEL, CALIFORNIA.
Notices requi-red to be given to Developer and(or Developer's
surety steall be addressed as fallotrs:
NORTHGATC EAST r
SAN RAFAEL,CA.911902
� � may clian�o sucl� address by
provided that any party or the ,uret� Y j
notice: 1n writin7 to the other p�nrty, and thc:reaftc�r notices steal}
Lc: ansmitted to the new address.
adclrassrd and tr
;Pcciflr.atlons circ Ade.(1u_�te..
21. l.�arrant� that:_Plans and
-_that the 1]1,11 s i)rld tipf:ClflCiitlCll`_: ill)ove describod
Dr.velnl,�;►- %•rarrant�c
are. ade(;,Wlte to accorl)l l 11the rovc:ment l -cork eont.emplcated
by thlt. ic�rrumcnt in a g(1c,d rind �•,c)rinl,)nli�r nl,:nnt•r, and in accordance
F
with acceptod construction practices. Should said plans and speci-
fications at any tlmp, wl'thin a period of ono yoar After final accept-
ance of the. work perforrrc.d hc{'CMICIcr pI'oVO to be inadequate in any
respect, then Develo{ur dons agree to make such chanes as are
neQcssary to accomp 1 i sl, said work in a good, workmanlike manner,
and in accordance with accepted construction practices.
22. Attorney's fees and Expenses of 1_itlgation.
Should City be required to institute legal action to compel perform-
anco of this agreement, Developer agrees to pay all reasonable
attorney's fees, costs of suit, and all other expenses of litigation
incurred by City in connection therewith.
23. "As Built Plans".
A complete improvement and grading plan "as built" shall be filed
with the City Engineer upon completion of the said work. and
improvements.
CITY OF SAN f' FAEL
(seal)by
i•ta yo r
City Clork
NORTIIGATE EAST
(If the pcv�:loper executing this "�--�------
agreement is a corporation, a ,Devc:llopc
cert i f ied copy of the lay -Laws or / �) '
B y- k Resolution =S4—
of the Board of _
Directors authorizing officers of
said corporation to crc(-utC this
agreement shall be annexed hereto.)
APP QAIED AS TO SUFF I C I Et4CY
.� i t �c f-. ii or n ci Ae,, II /1_ %
CIitI/I-thn",ger
APPROVED AS TO FORit;
G
C i f.
y Att.orncy J
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